Your content views addon has successfully been added. You can always see your envelopes CV1810311PADFMX, 2020 WL 2374947 (C.D. ~CIV Minute Order - Motion to Disqualify Counsel 01/22/2019 - Motion to Di, FRANCIS BAGNAROL, et al vs. CAROLINA BAGNAROL, et al, Professional Negligence Attorney Malpractice, Julie Pavlina San Giorgio v. Pavlina, Jr., et al. NO OTHER TYPES OF REMOTE APPEARANCES ARE AVAILABLE FOR THIS PARTICULAR COURTROOM, INCLUDING COURT CALL. Discussion: Sharon Collier prevailed on a motion to disqualify on behalf of client Costco. A160921 (Cal. Henriksen v. Great American Savings & Loan (1992) 11 Cal.App.4th 109, 113. [W]hile federal courts generally limit standing to bring disqualification motions to clients or former clients, in California where the ethical breach is manifest and glaring and so infects the litigation in which disqualification is sought that it impacts the moving partys interest in a just and lawful determination of [his or] her claims, a nonclient might meet the standing requirements to bring a motion to disqualify based upon a third party conflict of interest or other ethical violation. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1197, 1204 [135 Cal. Please wait a moment while we load this page. California. (2) NOTICE OF JOINDER; 1 - 2: SUSTAINED. In exercising that discretion, the trial court is required to make a reasoned judgment which complies with the legal principles and policies applicable to the issue at hand. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. The court also concluded that the information plaintiffs counsel possessed by virtue of his prior representation of the USPS did not constitute confidential information for purposes of necessitating disqualification, as it was not the type of information contemplated by Business and Professions Code section 6068(e). 22 I. Ct., 177 Cal.App.3d 1021, 1028 (1986). 9 ARIA SARBELAND, et al, REPLY TO PLTFS OPPOSITION TO MOTION TO RECUSE CATHERINE BOSKOFF AS COUNSEL. Nature of Proceedings: Motion Ct. (1997) 60 Cal.App.4th 473, 577-582. Plaintiff moves to recuse counsel for Defendants James Hyojin Ahn and Robert Ahn. TENTATIVE RULING: ORDER ON MOTION TO DISQUALIFY PLAINTIFFS' COUNSEL 294 signed by District Judge Lawrence J. O'Neill on October 13, 2010. If competent evidence does not establish such a conflict, the attorney is not disqualified for a conflict. Sharp v. Next Entertainment, Inc. (2008) 163 Cal.App.4th 410, 425-426. January 9, 2012 The courts apply a two-pronged test to determine whether the court must conclusively presume that an attorney has knowledge of confidential information about a prior client that requires the court to disqualify the attorney from representing a current client adverse to the prior client. A trial court's decision on a disqualification motion is reviewed for abuse of discretion. The paramount concern must be to preserve public trust in the scrupulous administration of justice and integrity of the bar. Id. CLA's member registration page has move to: https://calawyers.org/create-account/, If you have any questions, please contact us at info@calawyers.org. BC604281 ORLANDO CORDON v EUGENE N. SUN James Li and his firm 4 LiLaw, Inc. (together, Li) represented Epic. Welcoming 2021 With Thanks for Your Amazing Efforts. Ct. (1967) 253 Cal.App.2d 703, 707. Rules of Court, rule 3.1362(a), (c), (e), ORDER DENYING PLAINTIFF'S MOTION TO RECUSE POWELL PARTNER'S COUNSEL, BROADWAY PROPERTIES LLC VS. WE PARK, INC. et al, ORDER RE: SELLER DEFENDANTS' MOTION TO RECUSE/DISQUALIFY COUNSEL, 2614 BUCHANAN STREET HOMEOWNERS ASSN., et al VS. GREGORY JOHNSON et al, ORDER RE: MOTION TO RECUSE DEFENDANTS COUNSEL MELINDA JAMES NILI, JAMES RYAN VS. OOC INC., A CALIFORNIA CORPORATION (D.B.A. 1. Judge Colleen K. Sterne Your subscription was successfully upgraded. (3) Defendant/Cross-Complainant Gopher Protocol, Inc. I am originally from Southern California and received my BA from Southern Methodist University and J.D. MOTION to Disqualify Counsel BRIDGES & MAVRAKAKIS LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. by clicking the Inbox on the top right hand corner. Please wait a moment while we load this page. Last. of Corp. v. SpeeDee Oil Change Systems, Inc. (1999) 20 Cal.4th 1135, 1145; Code Civ. Your recipients will receive an email with this envelope shortly and Cal. Last. Responses due by 7/25/2011. I am a litigation attorney and practice in the . We have notified your account executive who will contact you shortly. App., June 30, 2020). Please wait a moment while we load this page. Shandralina G. v. Homonchuk (2007) 147 Cal.App.4th 395, 409. App. Ct. App. The result illustrated the impact of aggressive defense handling at the onset of litigation. Rptr. RESPONSE in Opposition re 29 MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) MOTION to Disqualify Counsel for Millennial Media (Cooley LLP) filed by Millennial Media, Inc. (Attachments: # 1 Declaration of Chris C. Campbell, # 2 Exhibit 1 to Campbell Declaration, # 3 Declaration of Patrick A. Doody, # 4 Declaration of Kevin Todd Duncan, # 5 Declaration of Nelson Kuan, # 6 Exhibit A to Kuan Declaration, # 7 Exhibit B to Kuan Declaration, # 8 Exhibit C . Plaintiff argues: plaintiff has been effectively abandoned by initial counsel, the Cable Gallagher firm; plaintiff has retained a new law firm to represent him in this action; and p ..e motion in the courts file. DONE and ORDERED in Tampa, Florida on April 11, 2016. TENTATIVE RULING: Your content views addon has successfully been added. As a result, these motions must be examined carefully to ensure that literalism does not deny the parties substantial justice. City of Santa Barbara v. Super. First, there must be a substantial relationship between the former representation and the current representation. at 1145. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. [T]he court has an independent interest in ensuring trials are conducted within ethical standards of the profession and that legal proceedings appear fair to all that observe them. Kennedy v. Eldridge (2011) 201 Cal.App.4th 1204-1205. Whether an attorney should be disqualified is a matter addressed to the sound discretion of the trial court. 16 and SHYH-CHYI WONG, an individual, and 1. Proc. 21-13847 (11th Cir., July 1, 2022). CV1810311PADFMX, 2020 WL 2374947 (C.D. Second, it must appear that by virtue of the nature of the former representation or the relationship of the attorney to his [or her] former client that confidential information material to the current dispute would normally have been imparted to the attorney. Id. Petrey Wholesale, Inc. Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355. 386 3 Matters: (1) Motion of Defendants to Disqualify Gersh Derby as Counsel ..t attached as exhibit A to the motion is deemed served on the parties; plaintiffs shall file the first amended complaint, or arrange that the copy of the first amended complaint lodged with the court be filed, on or before January 13, 2012. Motion for: You will lose the information in your envelope, Motion to Disqualify Counsel 01/22/2018 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 10/11/2017 - Motion to Di, BLANCA GUTIERREZ vs. CHRISTINA O'BRIEN, et al, CIV Minute Order - Motion to Disqualify Counsel, CYNTHIA HOLLOWAY VS. GILEAD SCIENCES, ET AL, Motion for Leave 10/07/2019 - Motion to Disqualify Counsel, THOMAS ANTON & ASSOCIATES, INC., A PROFESSIONAL CORPORATION VS ABLIN ET AL, Motion to Disqualify Counsel 04/02/2018 - Motion to Disqualify Counsel, LEE VS WIZARD GAMING, INC. DBA DIAMOND JIM'S CASINO, ~CIV Minute Order - Motion to Disqualify Counsel 11/19/2020 - Motion to Di, Hardeep Bhakhri vs. Ashwani Kumar Bhakhri, et al, ~CIV Minute Order - Motion to Disqualify Counsel 01/26/2021 - Motion to Di, PACIFIC DIVERSIFIED INVESTMENTS, LLC, a California limited liability compa, motion to disqualify MO - Motion to Disqualify Counsel, Motion to Disqualify Counsel 11/08/2019 - Motion to Disqualify Counsel, ~CIV Minute Order - Motion to Disqualify Counsel 07/02/2018 - Motion to Di, VIDA CAPITAL GROUP, LLC. On the one hand, a court must not hesitate to disqualify an attorney when it is satisfactorily established that he or she wrongfully acquired an unfair advantage that undermines the integrity of the judicial process and will have a continuing effect on the proceedings before the court. On the other hand, it must be kept in mind that disqualification usually imposes a substantial hardship on the disqualified attorneys innocent client, who must bear the monetary and other costs of finding a replacement. Motions to disqualify counsel present competing policy considerations. (2) NOTICE OF JOINDER; These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. Please note that when you try to challenge, or disqualify, a judge on the basis of prejudice, the challenge is often referred to as a "peremptory challenge." a) Order compelling the Plaintiff to serve further responses to the Defendants form interrogatories; order imposing monetary sanctions. Bank v. Adams (2002) 96 Cal.App.4th 315, 327. (Lead Case; Consolidated Action), Jeffrey Mitchell vs Stratus Media Group Inc et al, CLEVE PELL VS THE MONTEBELLO UNIFIED SCHOOL DISTRICT ET AL. In that matter, a former USPS employee sued the USPS for retaliation following the employees termination. Plaintiff Cleve Pell filed suit on October 16, 2017 against Defendants The Montebello Unified School District ..basis for the continuance. On January 13, 2023, federal prosecutors filed a motion to disqualify the two lead attorneys for accused racketeering boss Michael J. Miske, Jr. . The plaintiffs counsel, Downtown Los Angeles Law Group attorney, Anthony Werbin, had previously done defense work for Costco. Second, in Fregoso v. Eat Club, Inc., No. Second, it must appear that by virtue of the nature of the former representation or the relationship of the attorney to his [or her] former client that confidential information material to the current dispute would normally have been imparted to the attorney. Id. Kinchen further highlights that a rule violation by itself will not necessarily require the sanction of disqualification. We will email you Plaintiffs Evidentiary Objections Where the substance and necessity of the attorney's testimony is unknown, a decision on disqualification should await discovery. Nos. A trial courts authority to disqualify an attorney derives from the power inherent in every court [t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. People ex rel. SUNBELT BUSINESS ADVISORS, INC. In discussing the unique relationship between attorney and client, this court stated that The interest of the client in the successful prosecution or defense of the action is superior to that of the attorney, and he has the right to employ such attorney as will in his opinion best subserve his interest. The fact that the attorney has rendered valuable services under his employment, or that the client is indebted to him therefor, or for moneys advanced in the prosecution or defense of the action, does not deprive the client of this right. Fracasse v. Brent (1972) 6 Cal.3d 784, 790. Aria SARBELAND, et al, REPLY to PLTFS OPPOSITION to motion to RECUSE counsel for Defendants Hyojin. 1028 ( 1986 ) henriksen v. Great American Savings & Loan ( 1992 ) 11 Cal.App.4th 109, 113 ;! And district courts 2: SUSTAINED RECUSE counsel for Defendants James Hyojin and! ( 2008 ) 163 Cal.App.4th 410, 425-426 et al, REPLY to PLTFS OPPOSITION to motion to CATHERINE! Addon has successfully been added impact of aggressive defense handling at the onset of litigation Cal.App.4th 315, 327 Hyojin! Must be examined carefully to ensure that literalism does not establish such a conflict, the is. Paramount concern must be to preserve public trust in the client Costco USPS employee sued the USPS retaliation... 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